The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1887-12-17

the Government sought TO show fiarpers con.
ncction with the denl as principal. which was
done. His testimony shows that the amount OF
wheat bought by his firm for II. L. Harper was,
up to the fst OF June, 100000 bushels OF cash
wheat and 10000 0J0 bushels for future delivery
nfter July. wiltshire, Eckert & Co. remitted to
Kcrshaw q Co. about si,Co000o for this wheat.
This money came from the Fidelity Bank.
Assistant Receiving Teller Hnch was once
more recalled to the stand, Mt the request OF the
defense. He furnished u list OF nil theinterest
checks for renewals OF notes paid by ]. w. VIII
shire. and Wiltshire, Eckert & Company. The
check for s250.000, entered Juno s0 was substi-
tuted for number OF other checks for smaller
amounts. In answer 10 questions by Judge
Wilson, Mr. Hnch stated that checks were al
why's put through the clearinghouse un-
less he received instructions TO the con-
trary, on the day they were dated; and
when wishire, Eckert & Compnnys checks
were dated ahead he always asked Harper
for instructions ns to whether or not he should
put them through the Clearinghouse ut once
in relation to the check for SsS5.O00 to the cred
1t OF irwin, Green & Company, Mr. Hinch stat
ed that charges were made against this aggrc-
eating siS5,OOO Afterwards Ben Hopkins lifted
out this chec, for s2s5 900 replacing 1t with two
checks. At the afternoon session Of court Mr.. y,
Hnch presented the daily statement book OF
the bank and the tcllcr's scratcher The daily
statement was an ornamental record for the in
spection Of the bank officers. The book was
kept by Miss Holmes. The daily statement
book was supposed to show the daily amount OF
cash, ne distinguished from "cash items, in the
possession of the receivers The entries in the
daily statement books. rs to the
cash and leash items" should y
have corresponded with the figures on the !
tellers scratcher, but in this case 1t did not do
so by about half million dollars. Mr.. Hinch
took up the daily statement book and compared
the entries therein with the entries on the tell
er's scratcher. On June II, as an illustration,
the actual cash items held by the bank aggre-
gated 1851 eG2.74, but the daily statement book
kept by Miss Holmes showed that the cash items
amounted to but $685. .32. On June ID the
actual cash items as shown by the teller's
scratcher aggregated s961, ,oS0.G5, but the daily
statement. book showed the directors that the
cush items amounted to only $474,S1S.17. During
the last ten days Of the banks existence the
average daily discrepancy between the daily
statement and the teller's scratcher was
| 100000
Frank M. Hays, expert accountant. called.
Mr. Hays' testimony was wholly corroborative
and contrmative OF the testimony given by the
| ok-keepcrs and clerks Of the bank who pre-
| ceded him on the stand. 1t was critical and
| corroborative resume OF the testimony adduced
| by the Government during the seven preceding
| days of the trial. 1t detailed with great and
| minute accuracy how the funds were switched
| from the Fidelity Bank on Wiltshire, Eckert & 4
| Co. checks to Chicago; how the drafts that
| bank, on arrival, for the individual paper of f.
| L. Harper and paper which he controlled The
| end sought by the Government was to prove by
| Mr.. Hays testimony, despite the circnmlocu-
| tion through which the deal was carried on,
| that the principal in the deal was E. l.. Harper
| and that no matter how many names, and by
| how many different sorts of negotiable paper
| the deal was transacted, f. l.. Harper furnished
| the funds to purchase the wheat, which funds
| were abstracted from the Fidelity Bank and d.
p1
Mr. Hays examination was confined to the
| charges and items which make up the third and
| fourth counts OF the indictment against Harper,
| including his transactions with tho First Ma
| tonal and Chemical National Bank OF New
| York. He traced carefully through the books
| OF the Fidelity Bunk the ticket of February
| 12 for S200000, which charged the First Ma
tional Bank of New York with s9O0,OOO, and
credited T.. L Harper's account in the Fidelity
| with the same amount; also, like item for
s2C0, 600 dated February 2S. which charged the
First National with satO,OO0 and credited T.. L.
Harper's account with like sum: also tho
item nf March II. which charged the First Ma
tonal Bank with 100000, marked Transfer
| funds credit cash." but which was however,
credited to Hnrper's account also charge,
dated March g for 5000 to the Chemical bank,
| which was credited to Harper's account. Mr..
Hays testified that he had carefully examined
Harpers account and found that all these
sums had been credited to him on the books or
Une tluelIys tLuJ ne HilU eNuI1lueu Iuc dcCOuutS
| OF the First National and Chemical banks but
found that on the dates mentioned there was no
money in either OF these banks subject to the
drafts of the Fidelity. In the case of the Chem
ical bank. he found that that bank had cred
tied the Fidelity with S300.000 on certificate OF
deposit for that amount, of which certificate,
however, there was no entry on the books of
the Fidelity.
CINCINNATI, Dec. s-The witnesses examined
| to-day were: Mr.. Frank Hays, the Treasury
| Department Expert Accountant, and Mr.. How
ard Eckert, Joe Wilshre's partner. Mr.. Hays
examination by Mr.. Burnet was brief occupy
ing but twenty minutes. He was not cross-ex-
amined, unless two questions as to dates OF
drafts put by Judge Wilson can be considered
in the light OF q across-examination. Mr.. Hays
concluded his testimony Us to the details of the
account of E. L. Harper with Irwin, Green &
Co. and Kershnw g. Co.
Mr.. Eckert wns on the stand several hours,
and during all that time he was subjected to a
running fire Of questions by Major Blackburn,
the cross s-examiner Mr.. Eckert's memory was
not very satisfactory to the counsel for the ac-
cused and Major Blackburn made it quite un-
comfortable for the witness while he was on the
stand.
When Mr. Eclsert retired. Judge Jackson ask
ed II there was any other testimony to be pre-
scnted. He was informed that the Government
was through. Then Judge Wilson asked that
Major Blackburn and himself be allowed the re-
mainder OF the day to discuss their case. This
was granted. The Government then stated
that they would seek for conviction ON thirty
three counts, five of the remaining twenty-f1ur'
in the indictment being defective. and the
other nineteen not being desirable. Court
then adjourned until tomorrow morning at
10 o'clock. t..
CINCINNATI Dec. 0-This morning E. l..
Harper, against the advice of his counsel, wife
and friends, took the stand and testified in his
own behalf The ex-inancier seated himself
comfortably in his chair and waited for his
counsel's questions. Some very remarkable
features were noticeable IN Harpers style and
conduct He vas Very eager to answer and his
remarks were addressed directly to the jury,
with whom he tr ed ut once to get on terms OF
intimacy. In his desperation or enthusiasm he
, several times attempted to argue matters to
them, until interrupted by Judge jackson. Mr..
Harper did this so frequently that the court got
angry and roughly admonished him to stop that
line OF answering questions. Instead of reply
, ing to the nterrOgatores OF Major Blackburn
, he would give his impressions and opinions OF
this and that matter connected with the case.
Mr.. Hnrper's defense was to shift all the re-
sponsibility on Wiltshire, whom he said had led
, him (Harper into loaning money to carry on
the wheat deal In the face OF all the checks
. and other evidence against him the prisoner
declared that he lsnew nothing about the wheat
, deal, and Ind never paid q dollar Of money to
Chicago brokers In his life to purchase wheat
for him. AS he said this the witness never
, | moved muscle but looked boldly into the face